Endeavor Trading, LLC v. JPMorgan Chase & Co. et al
| Endeavor Trading, LLC |
| John Does 1-25, JPMorgan Chase & Co., J.P. Morgan Securities LLC, J.P. Morgan Clearing Corp. (now known as J.P. Morgan Securities LLC), J.P. Morgan Futures Inc. (now known as J.P. Morgan Securities LLC), J.P. Morgan Clearing Corp. and J.P. Morgan Futures Inc. |
| Synova Asset Management, LLC and Charles Herbert Proctor, III |
| Breakwater Trading LLC |
| 1:2020cv05285 |
| July 9, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Securities/Commodities |
| Plaintiff |
Docket Report
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| Filing 31 RESPONSE in Support of Motion re: #24 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney as Interim Co-lead Counsel and Consolidate Related Cases. . Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC..(Lerner, Karen) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney as Interim Co-lead Counsel and Consolidate Related Cases. . Document filed by Breakwater Trading LLC. (Attachments: #1 Exhibit Declaration of Bart D. Cohen, #2 Text of Proposed Order).(Nussbaum, Linda) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/13/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 28 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/13/2020 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020..(McGuirk, Kelly) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #27 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 27 PROPOSED ORDER. Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC. Related Document Number: #24 ..(Lerner, Karen) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 26 DECLARATION of Karen M. Lerner in Support re: #24 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney as Interim Co-lead Counsel and Consolidate Related Cases.. Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC. (Attachments: #1 Exhibit A - Lowey Resume, #2 Exhibit B - Kirby Resume, #3 Exhibit C - Billing and Expense Protocol, #4 Exhibit D - Breakwater LLC, #5 Exhibit E - Endeavor LLC, #6 Exhibit F - WSJ Article).(Lerner, Karen) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney as Interim Co-lead Counsel and Consolidate Related Cases. . Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC..(Lerner, Karen) |
| Filing 24 MOTION to Appoint Counsel Lowey Dannenberg P.C. and Kirby McInerney as Interim Co-lead Counsel and Consolidate Related Cases. Document filed by Charles Herbert Proctor, III, Synova Asset Management, LLC..(Lerner, Karen) |
| Filing 23 MEMORANDUM OF LAW in Support re: #22 MOTION to Appoint Counsel for Class Plaintiffs and for Consolidation of Related Cases. . Document filed by Breakwater Trading LLC. (Attachments: #1 Exhibit Declaration of Bart D. Cohen).(Nussbaum, Linda) |
| Filing 22 MOTION to Appoint Counsel for Class Plaintiffs and for Consolidation of Related Cases. Document filed by Breakwater Trading LLC..(Nussbaum, Linda) |
| Filing 21 MEMO ENDORSEMENT on re: [25 in 1:20-cv-03515-PAE et al] Letter. ENDORSEMENT; The Court adopts the proposed schedule and sets September 4, 2020 as the due date for any responses to motions to consolidate or motions to appoint lead counsel. (Motions due by 8/21/2020. Responses due by 9/4/2020) (Signed by Judge Paul A. Engelmayer on 8/13/2020) (jwh) |
| Filing 20 JOINT LETTER addressed to Judge Paul A. Engelmayer from Counsel for All Parties dated August 11, 2020 re: Response to Court's Order of August 5, 2020. Document filed by Breakwater Trading LLC..(Nussbaum, Linda) |
Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #18 AMENDED MOTION for Jordan E. Jacobson to Appear Pro Hac Vice.. (Signed by Judge Paul A. Engelmayer on 8/6/2020) (jca)
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| Filing 18 AMENDED MOTION for Jordan E. Jacobson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Endeavor Trading, LLC. (Attachments: #1 Affidavit of Jordan E. Jacobson, #2 Exhibit A - COGS Supreme Court of Virginia, #3 Exhibit B - COGS Supreme Court of California, #4 Text of Proposed Order).(Jacobson, Jordan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 AMENDED MOTION for Jordan E. Jacobson to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 17
ORDER: The Court understands that all related cases involving common allegations of spoofing or market manipulation by the JPMorgan Chase & Co. defendants are now before this Court. The Court's judgment is that a brief telephone conference is warranted, before the Court sets a schedule for next steps in the case. The Court schedules such a conference for Thursday, August 13, 2020, at 10 a.m. The parties are to call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with Chambers. (As further set forth herein this Order.) ( Telephone Conference set for 8/13/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/5/2020) (va)
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Filing 16
ORDER: The Court understands that all related cases involving common allegations of spoofing or market manipulation by the JPMorgan Chase & Co. defendants are now before this Court. The Court's judgment is that a brief telephone conference is warranted, before the Court sets a schedule for next steps in the case. The Court schedules such a conference for Thursday, August 13, 2020, at 10 a.m. The parties are to call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19. In advance of the conference, the Court directs that counsel for plaintiffs and defendants confer as to an orderly schedule in the case and file a joint letter on the docket of each related case setting forth the parties' proposals as to the schedule. Counsels' joint letter is due by 5 p.m. on Tuesday, August 11, 2020, and as further set forth in this order. (Telephone Conference set for 8/13/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/5/2020) (jwh)
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Filing 15
STIPULATION AND ORDER ADJOURNING DEFENDANTS' TIME TO RESPOND TO PLAINTIFF'S COMPLAINT: IT IS HEREBY STIPULATED AND AGREED as follows: 1. JPMorgan shall have 45 days to answer, move to dismiss, or otherwise respond to the operative complaint in this action from the filing of a consolidated amended complaint that supersedes the existing complaint, unless a date is set for JPMorgan to respond to the complaints in any of the Treasuries Futures Spoofing Actions, or to respond to the complaint in any other action arising from the same transactions and events as this action, in which case JPMorgans deadline to answer or otherwise respond to the complaint in this action shall be the earliest due date(s) in such other action(s). 2. Except as to the defense of insufficiency of service of process in this action, no defense of JPMorgan, including, without limitation, defenses based upon lack of personal jurisdiction, is prejudiced or waived by JPMorgans executing, agreeing to, or filing this Stipulation. 3. All parties agree that they will preserve documents and other materials in accordance with their obligations under the Federal Rules of Civil Procedure and other applicable law. By preserving a document, a party does not concede that the document is discoverable or relevant. 4. This Stipulation may be executed in separate counterparts, and counterparts may be executed in facsimile form, each of which shall be an original. SO ORDERED. Motions terminated: #11 JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Amanda F. Davidoff & Linda P. Nussbaum dated July 29, 2020. filed by J.P. Morgan Clearing Corp., J.P. Morgan Futures Inc., J.P. Morgan Securities LLC, JPMorgan Chase & Co.. (Signed by Judge Paul A. Engelmayer on 7/30/2020) (nb) Modified on 7/31/2020 (nb). Modified on 8/5/2020 (nb).
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| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jordan E. Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20925996. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Endeavor Trading, LLC. (Attachments: #1 Affidavit of Jordan Jacobson, #2 Exhibit A-COGS VA, #3 Exhibit B-COGS CA, #4 Text of Proposed Order Proposed Order).(Jacobson, Jordan) Modified on 7/30/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Jordan E. Jacobson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20925996. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF CALIFORNIA; AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) |
| Filing 13 NOTICE OF APPEARANCE by Akash Mayank Toprani on behalf of J.P. Morgan Futures Inc., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, JPMorgan Chase & Co...(Toprani, Akash) |
| Filing 12 NOTICE OF APPEARANCE by Robert Andrew Sacks on behalf of J.P. Morgan Futures Inc., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, JPMorgan Chase & Co...(Sacks, Robert) |
| Filing 11 JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Amanda F. Davidoff & Linda P. Nussbaum dated July 29, 2020. Document filed by J.P. Morgan Futures Inc., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, JPMorgan Chase & Co.. (Attachments: #1 Stipulation and Proposed Order).(Davidoff, Amanda) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent JPMorgan Chase & Co. for J.P. Morgan Securities LLC. Document filed by J.P. Morgan Futures Inc., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, JPMorgan Chase & Co...(Davidoff, Amanda) |
| Filing 9 NOTICE OF APPEARANCE by Amanda Flug Davidoff on behalf of J.P. Morgan Futures Inc., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, JPMorgan Chase & Co...(Davidoff, Amanda) |
| Filing 8 LETTER addressed to Judge Paul A. Engelmayer from Linda P. Nussbaum dated July 16, 2020 re: Illinois Counsel's Letter of July 15, 2020. Document filed by Breakwater Trading LLC..(Nussbaum, Linda) |
| Filing 7 LETTER MOTION to Expedite Schedule for Motions to Consolidate and Appoint Interim Lead Counsel addressed to Judge Paul A. Engelmayer from Karen Lerner dated July 15, 2020. Document filed by Charles Herbert Proctor, III..(Lerner, Karen) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-03515-PAE. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to J.P. Morgan Clearing Corp. (now known as J.P. Morgan Securities LLC), J.P. Morgan Futures Inc. (now known as J.P. Morgan Securities LLC), J.P. Morgan Securities LLC, JPMorgan Chase & Co...(pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 20CV3515. (pne) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to JPMorgan Chase & Co., J.P. Morgan Securities LLC, J.P. Morgan Clearing Corp. (now known as J.P. Morgan Securities LLC), J.P. Morgan Futures Inc. (now known as J.P. Morgan Securities LLC), re: #1 Complaint,. Document filed by Endeavor Trading, LLC..(Meltzer, Joseph) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Endeavor Trading, LLC..(Meltzer, Joseph) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-3515 (PAE). Document filed by Endeavor Trading, LLC..(Meltzer, Joseph) |
| Filing 2 CIVIL COVER SHEET filed..(Meltzer, Joseph) |
| Filing 1 COMPLAINT against J.P. Morgan Clearing Corp. (now known as J.P. Morgan Securities LLC), J.P. Morgan Futures Inc. (now known as J.P. Morgan Securities LLC), J.P. Morgan Securities LLC, JPMorgan Chase & Co., John Does 1-25. (Filing Fee $ 400.00, Receipt Number ANYSDC-20624528)Document filed by Endeavor Trading, LLC..(Meltzer, Joseph) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Endeavor Trading, LLC added. Party added pursuant to #1 Complaint,.Document filed by Endeavor Trading, LLC. Related document: #1 Complaint,..(Meltzer, Joseph) |
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